CRIMINAL MEDIATION
Alternative to criminal prosecution
CONDITIONS FOR PENAL MEDIATION
Provided for in the framework of criminal procedures, penal mediation consists of seeking, through the intervention of a penal mediator, a freely negotiated solution between the parties to a conflict arising from an offence.
This mechanism intervenes prior to public action.
ADAVIM FRANCE VICTIMES MARTINIQUE is mandated by the public prosecutor to act as the prosecutor’s mediator.
CRIMINAL MEDIATION AIMS AT :
The reparation of the prejudice caused to the victim (financial, material, or symbolic)
The cessation of the disorder resulting from the offence (restoration of social peace)
The accountability of the offender (awareness of the harmful consequences of his actions on the victim, reclassification of the offender)
The restoration of social ties
CONDITIONS FOR PENAL MEDIATION
Penal mediation is a voluntary procedure, it requires :
The existence of a criminal offence materialized by a complaint
The clear identification of the parties as well as their residence
The agreement of the parties and their participation
RESTORATIVE JUSTICE
Introduced in France by the Law of August 15, 2014, restorative justice relies on encounters between prisoners and victims to ease suffering, heal gaping wounds left by the criminal trial and, ultimately, restore the social bond.
Restorative justice is a voluntary process whose objective is to establish a respectful dialogue between offenders and victims of criminal offenses, in parallel with the criminal procedure, where confidentiality and security are guaranteed.
It does not replace criminal justice, but complements it.
ADAVIM FRANCE VICTIMES MARTINIQUE supports the Service régional de justice restaurative de Martinique (SRJRM)
RESTORATIVE JUSTICE
Introduced in France by the Law of August 15, 2014, restorative justice relies on encounters between prisoners and victims to ease suffering, heal gaping wounds left by the criminal trial and, ultimately, restore the social bond.
Restorative justice is a voluntary process whose objective is to establish a respectful dialogue between offenders and victims of criminal offenses, in parallel with the criminal procedure, where confidentiality and security are guaranteed.
It does not replace criminal justice, but complements it.
ADAVIM FRANCE VICTIMES MARTINIQUE supports the Service régional de justice restaurative de Martinique (SRJRM)
IMPLEMENTATION OF RESTORATIVE JUSTICE
This measure cannot be imposed, it is free and applied under the watchful eye of the judicial authority.
The different restorative justice measures are: